the obligation of taqlîd

8/9/2019 The Obligation of Taqlîd

1/64

The Obligation of TaqlīdThe Harms of Abandoning it, with special

regards to making Taqlīd of an Individual

First Edition: Safar 1433

(January 2012)

By:

Shaykhul Hadīth Hadrat Maulānā Fazlur

Rahmān ‘Azmī

Translated By:Hāfiz Saad Khan

Published By:Madrasah Da'watul HaqqP O Box 9362, Azaadville,

1750, South Africa

Tel/Fax: (+27 11) 413 2854www.dawatulhaq.org.za


2/64

Table of Contents

Forward....................................................................................... 3

About the Author........................................................................ 9

Translator’s Preface ................................................................... 17

What is Taqlīd ? ......................................................................... 21

The Necessity of Taqlīd ............................................................. 24

Objection.................................................................................. 26

Answer ...................................................................................... 27

Proofs of the Necessity of Taqlīd from the Noble Qurān........... 30

Proofs of the Necessity of Taqlīd from the Ahādīth ................... 36

Proofs of Taqlīd of an Individual............................................... 38

The Testimony of Maulānā Husayn Batalwi˛......................48

A question was posed to Maulānā Rashīd Ahmad Gangohī˛ 50

Will practicing upon the opinions of other Hanafī Imāms still

classify as Taqlīd? ....................................................................... 56

A Rational Example of Taqlīd ................................................... 60

An Objection and its Clarification............................................. 62

Other Books on the Topic of Taqlīd ......................................... 64


3/64

Forward

Muftī Masood Casim

Senior lecturer at Madrasah Arabia Islāmiah

With Qiyāmah (the day of judgment)

approaching fast, the Signs are escaping us in a flash,

leaving us bewildered and straining to see through the

eyeglasses of the many preconceived notions of whatthese Signs mean. We are left unraveling history to

understand what unfolded before our very own eyes; yet

went by unnoticed. Among this unraveling, in fact one

of the most important discoveries is the purport and

significance of the following Ahādīth:

Hadrat Abū Hurairah reports that Rasūlullāh

said, “Such a time will pass upon my Ummah where the

Qurrā’ will be in abundance, the Jurists will be a few,

knowledge will be seized and murder will become rife...”

In a narration reported by Imām Ahmed ˛,

when Hadrat Abū Hurairah quoted the same Hadith

above, Hadrat ‘Umar who was listening added an

explanation to the words, “knowledge will be seized,”

saying, “It is not that it (knowledge) will be removed from


4/64

the hearts of the ‘Ulamā (scholars), rather the ‘Ulamā will

dwindle.” Hadrat ‘Umar in all probability heard the

words of Rasūlullāh reported by ‘Abdullāh bin ‘Amr: “Verily, Allah will not take knowledge by seizing it

suddenly from men; rather He will lift knowledge by taking

the ‘Ulamā. Until when no ‘Ālim (scholar) remains, people

will make the ignorant their leaders. These leaders will be

consulted and they will pass verdicts without knowledge.They will go astray and lead others astray.” [This narration

has been narrated by: Imām Ahmed, Imām Bukhārī,

Imām Muslim, Imām Tirmidhī, and Imām ibn Mājah]

Some Sahābah perplexed at the statement of

Rasulullah asked, “How is it possible that knowledge belifted from us when we recite the Qurān, teach it to our

wives, children and they will continue in the same fashion.”

The answer was, “Do not these Jews and Christians have

their holy books? They have not adhered to it, even a single

thing therein.” This Hadīth is reported by Imām Ahmed˛ in his Musnad. In some narrations the following

words appear, “Allāh will not raise knowledge suddenly,

rather He will raise the bearers of knowledge. And no ‘Ālim

(scholar) goes from this Ummah except that he leaves a


5/64

vacuum which will never be filled till the Day of

Judgment.”

Another pertinent sign is that people will

succumb to their desires and every person will hold his

own opinion in the highest esteem. This together with

other points of pertinence have been reported by Imām

Bukhārī˛ in his book al-Adab al-Mufrad wherein he

narrates from Ibn Mas’ūd who said, “You are

witnessing such a time where the Jurists are in abundance,

orators a few, questions are less, those qualified to answer

are in abundance, deeds control desires, such a time will

come after you where the Jurist will be few, orators in

abundance, a lot of questions, few qualified to answer,desire will control the deeds...”

The summary of the above explains the “Salafis”

and “non-Mazhabites” in the making. Knowledge will

be seized and jurists will be a few; in spite of the

presence of ‘Ulamā. The presence of the Qurān with us

will be of no consequence; since nobody will be

practicing on it. Desires will be king, and every person

who gives opinion will be proud of his own opinion.

This spells out our present situation and explains the


6/64

root cause of the thought or rather “attitude” that

prevails today.

Because following the desire has become the

order of the day, majority of the votes are tendered for

the “Islām” that can blend in with the lifestyle that we

have already adopted. If the society has stooped to this

ebb, a Jurist whose principle is – and their principles

always have been - how a person should be “on the safe

side” regarding Allah , will be an unappreciated gem.

If a patriot of this new-world-thought blows his trumpet

against the men of learning, where do we find someone

learned who can judge between them in a crowd who

have already made a decision. If a layman argues with a

constitutional expert; what is the value of another

layman agreeing with the first? This is exactly the

situation that we find ourselves in today: A person

challenges great Jurists of Islām and presents his proof.

The layman who has no clue of what proof the Juristshave; never mind the level of knowledge required to

understand that proof.

The issue is very simple to understand: if a man’s

sole objective is to please Allāh , his focus is the


7/64

Ākhirah (hereafter) and he is conscious of death; he will

not compromise on his Deen. He will adopt a principle

of “being on the safe side” and he will look for decisionsfrom a man who holds the same principle. The famous

master in Hadīth, Sufyān bin ‘Uyainah˛ says:

“In submission to the Jurists lies the safety of Dīn(religion).”

On the other hand, someone who finds

consolation in new-Islām trends from the guilt that he is

always suffering from the common understanding of

Dīn (religion) is obviously not only going to follow that

new-Islām, but he will also promote it.

So that is the “Salafiysm” trend which is catching

on like wild fire; especially in the universities and

professional circles. As we have explained before that theroot cause of this new-cult is we find it difficult to

submit in this new age of free thought. As foreseen by

their leader Maulāna Hussayn Batālwī ˛ , their

position eventually even affects their belief structure

which is why the “Salafis” also differ with us in tenets of


8/64

faith. But, by the grace of Allāh , there will always be

those few Jurists and men of deep understanding

available in every era to seize these fitnahs in their wake. A stalwart in these ages is the learned author Shaykhul

Hadīth Maulāna Fazlur Rahman ‘Azmī. Shaykhul

Hadīth has collected and sorted such material in

preparing this treatise that is comprehendible for those

who are not acquainted with the Islāmic sciences. Thisis far from the lessons of Bukhāri and Tirmidhī of

Shaykhul Hadīth. His lessons are distinct by always

being filled with evidence, marked for accuracy, free

from partiality, an eye-opener for the “anti-Mazhabists”

and light for the biased.

We make du’ā that Allāh accepts this effort of

Shaykhul Hadīth and all those who were instrumental

in making this book available for the benefit of all. –

Āmīn-

This lowly servant

Masood Cassim

Azaadville


9/64

About the Author

Recognizing the author plays a great role in truly

appreciating and taking benefit from a book. The one

who has embedded the recognition of Allāh in his

heart will attain much more benefit from the Noble

Qurān than the one who has not. On this basis Allāh

commenced His book with His praise and has

beautifully laid it out throughout the Noble Qurān. In

the same manner, so we can fully treasure this book, I

would like to briefly introduce the author of this book.

Shaykhul Hadīth Maulānā Fazlur Rahmān ‘Azmī

was born in 1365/1947 in Maunath Bhanjan (Mau),Uttar Pradesh, India. Shaykhul Hadīth embarked on an

intensive period of studying during which he mastered

Arabic, Persian, and Urdu. He commenced and

completed his studies in Mau. Upon completion of the

rigorous Sharī’ah program (‘Ālim course) at MadrasahMiftāhul ‘Ulūm, Mau, 1386/1966, in the traditional

Islāmic sciences, he studied the various modes of

Qurānic recitations (Qirā’ah), thereafter specializing in

Hadīth, and answering legal questions (Iftā ) under the

great scholar of Hadīth, Shaykh Habībur Rahmān ‘Azmī


10/64

˛. Amongst his honorable teachers are: Shaykh

‘Abdul Latīf Nu’mānī˛, Shaykh ‘Abdul Jabbār ‘Azmī

˛, Shaykh Hafīzur Rahmān ‘Azmī (the author’srespected father) ˛, and Shaykh ‘Abdur Rashīd

Husaynī˛ (who gifted his personal copy of Tuhfat al

Ahwazī , a commentary on Tirmidhī, to the author).

Shaykhul Hadīth’s illustrious teaching began in

his hometown of Mau. On the advice of his teacher he

moved to Madrasah Mazharul ‘Ulūm, Varanasi, where

he taught for four years. In 1394/1975 he relocated to

the renowned seminary, Jāmi’ah Islāmiah Dābhel,

Gujarāt, where he taught major books of Tafsīr

(Qurānic exegesis) - Jalālayn, Hadīth - Tahāwī, Nasa’ī,

Ibn Mājah, Mu’atah Imām Mālik, Mishkāt , Fiqh

(Islāmic Law) - Hidāyah, Qirā’ah Sab’ah and ‘Asharah.

He also taught Sharh al Jāmī, Hamāsah, and Dīwān al

Mutanabbī. He wrote a biography of the imāms of

Qirā’ah and a history of Jāmi’ah Islāmiah Dābhel. In

1406/1986 he was invited to Madrasah Arabiah

Islāmiah, Azaadville, South Africa and was offered the

post of Shaykhul Hadīth (senior lecturer of Hadīth). To

date he has taught Sahīh al Bukhārī , Sahīh al Muslim,

Sunan al Tirmidhī , Mishkāt al Masābīh, al Ashbāh wa


11/64


12/64

Shaykhul Hadīth is a prolific writer and has

authored over 40 books. His most famous works

include: an introduction to Sahīh al Bukhārī , Sunan alTirmidhī , and At Tahāwī, Tārīkh Jāmiah Dābhel, The

obligation of composure in Qaumah and Jalsah and the

supplications of them both (Urdu and English), The

reality of the fifteenth of Sha’bān, Turban Kurta and

Topī (in the light of the Ahādīth and the sayings andpractices of the pious predecessors), The correct and

appropriate distance that necessitates shortening of

prayer, Biography of Imām Abū Hanīfah, Imām Abū

Yūsuf, and Imām Muhammad, Biography of the Imām’s

of Qirā’ah, Maqālāte ‘Azmī, and many books on thetopic of Da’wah and Tablīgh.

Shaykhul Hadīth has also been active for many

years in the field of Da’wah and Tablīgh and undergoes

journeys to many different countries. He has a

connection with tasawwuf (sufism). He first took bay’at on the hands of Shaykh Zakariyyah˛ and under his

orders he formed a Islāhī (self reformation) connection

with Shaykh Muftī Mahmūdul Hasan ˛. He then

formed a connection with Shāh Hakīm Akthar (may

Allāh grant him long life) and became one of his


13/64

distinguished disciples (Khalīfah). Many have benefitted

from Shaykhul Hadīth in the line of sufism.

For this ungrateful servant to praise Shaykhul

Hadīth would be a complete injustice to his rank.

Therefore, I would like to mention the quotes of one of

Shaykhul Hadīth’s most beloved students and our

honorable teacher and other contemporaries of

Shaykhul Hadīth:

Muftī Muhammad Saeed Motara, senior lecturer

and senior Muftī at Madrasah Arabiah Islāmiah,

Azaadville, South Africa says, “My teacher, the

compassionate Shaykhul Hadīth Fazlur Rahmān ‘Azmī’scelebrated personality is not in need of introduction.

Whilst on the other hand, Shaykh’s passion for

knowledge and absorption in it, not only reminds one

of the pious predecessors and is an invaluable asset, on

the other hand, when it comes to practice and wherepiety is concerned, he is the Ummah’s priceless gem.

Furthermore, where he showers pearls in the classroom

and in the public arena, he also flies the flag of Ilyās

(may Allāh have mercy on him) in the field of


14/64

Da’wah and Tablīgh, where he is a champion of the

prophetic mission.”

Shaykhul Hadīth once visited Hadrat Shaykh

Ahmed Partābaghdī˛, Hadrat was resting and out of

respect Shaykhul Hadīth sat next to his feet,

immediately Hadrat shifted his feet away from Shaykhul

Hadīth. When Shaykhul Hadīth was parting Hadrat

gifted a new 10 rupee note to him (this was out of the

love and respect that Hadrat had for Shaykhul Hadīth).

Shāh Hakīm Akthar (may Allāh grant him

long life), mentioned in a letter written to Shaykhul

Hadīth, “Your beloved letter has delighted the heart andcaused the soul to experience a state of ecstasy.

Congratulations are in order for your loving zeal.”

Muftī Muhammad Fārūq Mīrathī (May Allāh

grant him a long life) writes. “From amongst the

scholars is Maulānā Fazlur Rahmān ‘Azmī who teachesSahīh al Bukhārī and who previously was the teacher of

hadīth at Jāmiah Islāmiah Dābhel. He is worthy of

mention here and of whom the term “mountain of

knowledge” is most appropriate” (Ifrīqiyā awr Khidmāt-e

Faqīh al-Ummah v1 p161).


15/64

When Shaykh Fārūq Makkī (May Allāh grant

him a long life) visited South Africa in 1422/2001 he

took time out of his busy schedule to attend ShaykhulHadīth’s lesson, after which he commented, “such a

well-researched lecture is of the type that Shaykh

Binnūrī˛ used to deliver. To find a lesson of such

quality nowadays is most rare. His mere presence is a

great bounty for the people of South Africa. If he wasnot here then perhaps the religious environment would

not be as it is. May Allāh grant the people of South

Africa appreciation for him. Āmīn.

Shaykh Zuhayr (of Madīnah Munawwarah) and

Shaykhul Hadīth met by a pillar in Masjid Nabawī

behind the suffa (raised platform) between Maghrib and

‘Ishā prayer. At that time, Shaykh Zuhayr’s son was

sleeping at home (in Madinah Munawwarah) and he

had a dream in which he saw Nabī Muhammad

saying to him: “You are asleep and my gathering (agathering of hadīth) is taking place in my mosque!” He

awoke quickly, made wudū, rushed to the mosque

directly to the pillar he had seen in his dream. When he

arrived, he noticed it was there that Shaykhul Hadīth

was granting authorizations in hadīth to those present.


16/64

He informed his father of the dream who, in turn,

conveyed the glad tidings to Shaykhul Hadīth who

immediately began to cry. Shaykh Zuhayr obtainedauthorization for himself, his son-in-law, and his

daughter, and later praised Shaykhul Hadīth in the

following words, “The like of this Shaykh is rare, most

rare.” He went on and mentioned to Shaykhul Hadīth’s

students who were present, “hold firmly to him…firstly, because of his faith, then because of his love of

Nabī Muhammad , then because of his knowledge.”

For more information concerning the remarkable

life of Shaykhul Hadīth, refer to, “A brief biography of

Shaykhul Hadīth Fazlur Rahmān ‘Azmī”, written by

Shaykhul Hadīth’s beloved son, Muftī ‘Atīqur Rahmān

‘Azmī.

We pray to Allāh that He continues to shower

His special blessings upon Shaykhul Hadīth, grant hima long life, and that we do not let history repeat itself,

where we only realize what great personalities we have

amongst us, after Allāh has taken them from us.

Āmīn.


17/64

Translator’s Preface

All praise is due to Allāh who has promised to protect

His perfect and pristine religion, Islam, from any undue

augmentation or any unwarranted deficiency. Who has

promulgated His word, the Noble Qurān, as the

differentiation between truth and false-hood. Who has

sent Nabī as the seal of prophet-hood and as aparadigm for all mankind until the Day of Judgment.

Who has sent such luminaries throughout history who

bore the burden of the preservation of this religion,

regardless the cost. When Allāh decided to protect

the Noble Qurān, the means of Huffāz were used. When Allāh decided to protect the Ahādīth

(narrations of Nabī ), Muhadithīn were sent. When

Allāh decided to protect the laws of Islam, Jurists

were prepared.

Today the general trend of thought circulating

amongst the masses is that success lies exclusively in the

advancements of society. However, this notion cannot

be applied across the board. It may be applicable in our

worldly affairs, but in regards to religion, which is the


18/64

basis of a Muslims code of life, this concept is nothing

but a false impression. The blueprint of our success has

been mapped out by the contemporaries of Nabī andthose who followed suite in their approach and

methodology. There will definitely be new challenges in

religion which must be dealt with. However, when

confronting these obstacles we cannot forget the

principles laid out by such great contemporaries.

Taqlīd, which might be a new ideology to some

of us, has in reality been around from the fourth year of

Islām. When the jurists began to witness the

degeneration of the Muslim populous, for the

protection of this religion from the mass’ nafs (base

desires), they declared taqlīd incumbent. In this era,

where following ones base desires has become the norm

and searching for the “easy way out” has become the

standard methodology, it has become manifest how

important taqlīd is. This was one of the motivatingfactors for the author to write on this subject matter.

This monograph is actually part of a collection of

researched topics by the author. This was originally

prepared for the scholars in the field of Islāmic studies;

therefore, terms and certain portions were not discussed


19/64

in detail. Consequently, I have, to the best of my ability,

explained them in footnotes where explanation is

needed. I have written a few lines introducing all thescholars that the author brings forth in this treatise.

Where the author quoted from a text ambiguously, I

cross-referenced the original text and quoted the content

needed for easier understanding. In order for an

enhanced understanding of this monograph, specialattention should be given to the footnotes. If any

mistake is found then it should be attributed to the

translator and not to the author, and I humbly request

one and all to relay them to me. It can be forwarded to

[email protected].

It is only with the granted ability which Allāh

has bestowed upon me that I could translate this

monograph. I thank Allāh for giving me this

opportunity and hope it will be a means of my guidance

in this world and a means of my salvation in thehereafter. I would also like to thank my dearly loved

parents for bestowing me with the opportunity of

attaining this invaluable, Islāmic knowledge. I would

like to thank my beloved Shaykh (the author of this

monograph) for guiding me and shedding light upon


20/64

my darkened heart. I would like to thank all my beloved

teachers for the knowledge they have parted on this

lowly servant, with special regards to: Maulānā RidwanKajee, Maulānā Moosa Kajee, Maulānā Abdullah

Dhabhelia, Muftī Masood Cassim and Maulānā Ziyad

Hussain who all assisted in preparing this translation.

Finally, I would like to thank my peers, who endlessly

assisted me in preparing this translation, Muftī AbdullahMoola, Samir Ali, Moosa Monia, Abdul Razzaq Salyani,

Muhammed Ridwaan Minty, and Muhammad Patel.

May Allāh fully reward all those mentioned and those

who have not been mentioned.

Saad Khan,8 Safar 1432 (17 January 2011)


21/64

What is Taqlīd ?

DEFINITION OF TAQLĪD:

To practice upon an opinion of a Mujtahid 1 without

demanding any proof, nor having any prior

knowledge of a proof (of the law that the mujtahid

presents).

Taqlīd (uncritical faith in a source’s

authoritativeness) is not founded upon such a law which

was decreed by the Noble Qurān and Ahādīth

(narrations of Nabī Muhammad ) in a qatī’

1 Mujtahid : A qualified scholar i.e. Who posseses in depth knowledge in the

sciences of the Arabic language including all of its branches (etymology,

morphology, grammar, etc.), balāghat (eloquence, rhetoric). He is informed of

the laws extracted from the Noble Qurān and Sunnah, even though he has not

necessarily memorized all of their texts. He knows in which laws to make

ijtihād . He is well aware of those verses of the Noble Qurān which have been

abrogated and those verses which abrogates, and supersedes, other verses. He

has knowledge of the motivating events behind the revelation of the Qurānic

verses. He knows the condition of the narrators of Hadīth and is well informed

in other sciences besides these. [ Al Mustalahāt wa Alfāz Al Fiqhiyya - Mahmūd

‘Abdur Rahmān ‘Abdul Muni’m, vol. 3 p. 217]


22/64

(undisputable) manner1. Instead, taqlīd will only be

made of a mujtahid (expert jurist), when the law is

incomprehensible because of it being: abstract,ambiguous, or contradictory. By means of an example,

the obligations of, the five salāt , fasting, the giving of

zakāh, and Hajj all have qatī’ proofs. Therefore, taqlīd

and ijtihād 2 are not necessary in these instances. In the

same manner the prohibitions of stealing and adulteryare established through qatī’ proofs. On the contrary,

taqlīd will be necessary in such a law wherein there is

ambiguity, vagueness, or “apparent” contradiction. An

example of ambiguity is, what is meant by the word

qurū,3

in the verse:

1

Qatī’ proof: such a proof in which there is no possibility of doubt being

created regarding that law which it proves. [ Al Mustalahāt wa Alfāz Al Fiqhiyya

- Mahmūd ‘Abdur Rahmān ‘Abdul Muni’m, vol. 3 p. 104]2 Ijtihād : To do research in an Islamic law to the extent that, apparently no

more research can be done. [Qāmūs al Fiqh - Maulānā Khālid Sayfullāh

Rahmānī vol. 1 p. 503]3Qurū: The verse has stipulated that the waiting period for a divorced woman,

in order to remarry is three qurū. The word qurū in the Arabic language is a

word with dual meaning, either the monthly menstrual period (hayd ) or the

time of purity between the monthly period (tuhr). If the former meaning is

taken, then the ruling would be that the divorced woman should wait for three

menstrual cycles (hayd ) to elapse. If the latter meaning is taken then the ruling

would be that the divorced woman should wait the period between her


23/64

“Divorced women should wait (abstain from marriage) for

three qurū”[Sūrah al Baqarah (the Cow) 2: 228]

An example of vagueness can be found in the law

of muzāra’ah1 (temporary crop sharing contract). Due to

the different possible types of this partnership, ijtihād is

necessary to determine which type is permissible andwhich is impermissible. An example of “apparent”

contradiction can be found in the narrations regarding

whether the Noble Qurān should be recited behind the

imām (person who leads the people in congregational

prayer) or not. Which circumstance is meant by whichnarration?2 For these problems to be solved, taqlīd is

menstrual cycles (tuhr) to have expired. The question is which one of these two

meanings is applicable? [The legal status of following a madhhab - Muftī Taqī

‘Uthmānī, p. 9]1 Muzāra’ah: A specific kind of farming in which an agreement is made by a

land lord and a farmer, who is hired by the land lord, to cultivate his land. The

agreement stipulates the amount of produce which is to be divided by each

party. There were several forms of muzāra’ah practiced during the time of Nabī

˜. Again, the question arises, which form will one practice upon? [The legal

status of following a madhhab - Muftī Taqī ‘Uthmānī, p.9]2 Nabī has mentioned in a narration, “whoever has an imām, then the

imām’s recitation suffices for his recitation.” [ Muatta Imām Muhammad p. 96].

This seems to indicate that while the imām is reciting in salāt , the follower


24/64

necessary, so that the ambiguity can be resolute, the

vagueness can be clarified, the seemingly “apparent”

contradiction can be removed and preference can begiven to one narration.

The Necessity of Taql ī d

There are two possible options when abiding by a

law wherein taqlīd is implemented. The first is that weinterpret the law according to our own intellect and

knowledge. When it is a known fact that our knowledge

of the Noble Qurān and Hadīth is rudimentary, our

intellect is weak, and at all times we are in danger of

falling prey to our base desires (nafs ). To abide by a lawwith our inadequate understanding is noticeably very

dangerous. The second option is to rely on the

knowledge and intellect of our pious predecessors, who

were very close to the era of Prophethood. Their

should remain silent. However in another narration Nabī mentions, “There

is no salāt for he who does not recite Sūrah al Fātihah.” [Sahīh al Bukhārī vol.

1 hadīth no. 723]. The question arises whether the first narration should be

taken as a primary source, referring to the imām, or the one who offers salāt

individually, and the second narration as collaborating evidence; or should we

make the second narration as the base, and the first narration a reference to the

imām’s recitation after the imām recites Sūrah al Fātihah? [The legal status of

following a madhhab - Muftī Taqī ‘Uthmānī, p.10]


25/64

knowledge in relation to ours is worlds apart. They were

part and parcel of the era of khayr ul Qurūn1. By being a

part of it, they became a manifestation of taqwa(devoutness) and piety. They spent their entire lives in

acquiring (the) divine knowledge and delving into its

research. When the contemporaries of these eras assert

preference to one circumstance over another in a law (in

which there is seemingly apparent contradiction),through their understanding of the Noble Qurān and

Hadīth, will be much more accurate than our judgment.

This is an irrefutable fact.

We do not hold the capability nor do we meet

the criteria to extract laws from the Noble Qurān and

Hadīth. Therefore we are forced to suffice on the

research of a mujtahid imām (an expert jurist), and

practice upon his conclusion without demanding a

proof from him. This is called taqlīd .

1

Khayr ul Qurūn: Nabī Muhammad has reported to have mentioned, “The

best of my ummah (Muslim nation) is my era, then those who follow, then

those who follow .”[Sahīh al Bukhārī Hadīth 3650] This refers to the Sahābah

(first generation, who saw Nabī ), then the tābi’īn ( second generation, who

saw the Sahābah), then the tab’at tābi’īn ( third generation, those who saw the

tābi’īn)


26/64

The necessity of accepting taqlīd is the same

across the board, whether amongst the laymen or

amongst the learned scholars of today, because neitherpossess the ability of ijtihād . For a scholar to deduce a

proof which coincides with the opinion of the school of

thought is not in negation of taqlīd . This is because the

scholars first accepted an opinion of a mujtahid imām,

then through his opinion, deduced a proof. Therefore,this recognition will also be rendered as incomplete.

Objection

An objection can be raised that, to follow a

scholar without seeking a proof is shirk (polytheism). Allāh has mentioned in the Noble Qurān:

“They (the disbelievers) say, but we

wish to follow that which we found our forefathers doing.”[Sūrah al Baqarah (the Cow) 2:170]

It comes in the narration of ‘Adī bin Hātim

that Nabī mentioned, “The Jews gave their scholars

the right to assert something permissible as

impermissible. When their scholars would assert

something permissible, they would accept it to be


27/64


28/64

From this it can be concluded that if our fore

fathers are on the straight path, then there will be no

harm in making their taqlīd .

Nabī Yūsuf has mentioned:

“I have adopted the religion of my fore fathers (who were)

Ibrāhīm, Ishāq, and Ya’qūb” [Sūrah Yūsuf 12:38]

Allāh mentions in another place:

“The believers who do good deeds and whose progeny(families who are believers as well) follow them in imān(faith), we shall join their progeny with them in Jannat(paradise) without reducing anything from their good

deeds”[Sūrah Tūr (Mount Tūr) 52: 21]

The muqallidīn (those who follow a mujtahid )

accept the sayings of the mujtahidīn (expert jurists) in

the explanation of that which Allāh revealed. They do

not accept it as a proof on its own, independent of the

Noble Qurān and Sunnah. Instead, they intend to


29/64

practice upon the Noble Qurān and Sunnah (through

the eyes of a mujtahid ).

Ibn Nujaym1 ˛ and others have used these words

while defining taqlīd :

“To practice upon an opinion of a mujtahid without

(seeking) a proof, (however, at the same time) notconsidering his opinion in its entirety to be a proof from

amongst the proofs of Sharī’at.”

This confirms that the opinion of a mujtahid is

not considered to be a proof by itself (void of the Noble

Qurān and Sunnah).

The answer to the narration of ‘Adī bin Hātim

is clear. The Jews accepted their scholars in reality to be

those who declare matters as permissible and

impermissible. This status and rank is not even given toNabī Muhammad . So then, how can this rank be

given to the mujtahidīn? The Messengers were the ones

1 Zayn ud Dīn bin Ibrāhīm bin Muhammad bin Muhammad bin ‘Umar bin

Husayn was famously known as Ibn Nujaym. He was born in the year 970

A.H. He is the author of Al Ashbāh wa An Nazāir and Al Bahr ur Rāiq .

[ Mu’jam al Muallifīn vol.4 p.192]


30/64

who informed their ummah (nation) what is permissible

and impermissible, not the ones who in reality declared

a matter as permissible and impermissible (Allāh wasthe one who declared it).

The mujtahidīn merely extracted the laws from

the Noble Qurān and Hadīth and thereafter informed

the masses concerning the derived rulings. No one

believes the mujtahidīn to be a shāri’ (arbitrator) or

ma’sūm (sinless, free from mistake). Some great scholars

have even discarded the sayings of certain mujtahidīn.

For these great scholars, it is permissible to discard the

rulings of the mujtahidīn on condition that, their ijtihād

is solely done for the sake of Allāh and not for any

corrupt reason.

Proofs of the Necessity of Taqlīd

from the Noble Qurān

1) Allāh mentions in the Noble Qurān:

“O you who have imān (faith), Obey Allāh, Obey Rasūl

, and those in command amongst you (your leaders and


31/64

authorities in all fields, such as the imāms of jurisprudence

in fiqh).” [Sūrah an Nisā (Women) 4: 59]

It is the opinion of some mufassirīn (commentators

of the Noble Qurān) that by “u lil amr” (in the above

mentioned verse) leaders are meant. Others say it means

the “a’immah mujtahidīn” (leaders amongst the expert

jurists). This is in conformity with the opinion of manySahābah (companions of Nabī Muhammad ).

Imām Rāzī˛1 has given the latter preference.2 From

this, taqlīd can be proven. Allāh then mentions:

“If you dispute regarding any matter, then refer it to Allāh (find the solution in the Noble Qurān) or Rasūl (or

find the solution in the Sunnat).”

1 Imām Rāzī˛: Fakhr ud Dīn Rāzī Abū ‘Abdullāh Muhammad bin ‘Umar

bin Husayn was born in the holy month of Ramadān in 545 or 546 A.H. He

was from amongst the great scholars of his time in the sciences of

jurisprudence, linguistics, logic, rhetoric, and many other sciences. He is the

author of the famously accepted commentary of the Noble Qurān “Tafsīr

Kabīr” . He passed away in the year 606 A.H. [extracted from the forward of

Tafsīr Kabīr ]2 Imām Rāzī˛ writes, “…So taking those of “amr” to mean scholars is more

appropriate”. [Tafsīr Kabīr vol. 10

p.135]


32/64

[Sūrah an Nisā (Women) 4:59]

This means that if the “a’immah mujtahidīn” havedifference of opinion in a law then they should turn to

Allāh and Nabī Muhammad . The addressees in

this verse are the mujtahidīn and rightfully so, they

conformed to this (by depleting their time and resources

to extract solutions from the Noble Qurān and Sunnah).

The layman cannot be the addressee in this verse

because of his lack of capability to turn to Allāh and

Nabī Muhammad (to extract laws and find a

solution). Nawāb Siddīq Hasan˛ has also made this

fact evident (that the addresses are the mujtahidīn).1

Allāh mentions in the Noble Qurān:

“When (news of) any matter of peace or fear comes to them

(the hypocrites and the ignorant Muslims), they

1 Nawāb Siddīq Hasan Khān˛ was a famous “ Ahle-Hadīth” scholar. He

acknowledges that the addressee in this statement (“if you dispute”) is referring

to the mujtahidīn. He writes in his tafsīr : “It is apparent that this is a separate

and new addressee directed towards the mujtahidīn.” [Tafsīr Fath al Bayān vol.

2 p. 308 printed by Al Asima, Cairo] Extracted from “the legal status of

following a madhab” by Muftī Taqī ‘Uthmānī, p.17.


33/64

(immediately) broadcast it (thereby causing harm to the

Muslims). If they had (first) referred the matter to Rasūl

and to those of them who have understanding (to thelearned Muslims with insight), it would surely be known to

those of them who investigate (verify) the matter (they

would know whether the matter needs to be publicized or

not).”

[Sūrah an Nisā (Women) 4:83]This verse was revealed regarding a specific

occasion. However, by applying the principle:

“The consideration is for the general meaning of the text

and is not limited to its specific background incident”Consideration will be given to the generality of

the text. We can come to a conclusion that the

researchers can determine an accurate outcome from a

“khabar” (incident)1. It will be preferable for the masses

1 Khabar (incident): In the above mentioned context refers to a present day

incident for which a law is needed for verification which apparently cannot be

found in the Noble Qurān and Sunnah. Therefore, the scholars are required to

probe into the Noble Qurān and Sunnah to extract a ruling.


34/64

to turn to them. Abū Bakr Jassās1 ˛ has used this

verse as a proof for establishing taqlīd.2


“

Why does a small group from every large party not proceedd far which is( to attain a deep understanding of deen

kifāyah 3 )? So that, they may warn their people (who had

gone out in an expedition) when they return to them so that

they may beware (of sin)? [Sūrah Taubah (Repentance) 9:122]

1 Abu Bakr Jassās Rāzī˛ was born in the year 305 A.H. Khatīb Baghdādī

˛ has said concerning him, “He was a leader amongst the students of Imām

Abu Hanīfah˛ in his era, and he was famous for abstinence.” He is the

author of Ahkām ul Qurān, the accepted commentary of the Noble Qurān,

dealing mainly with the laws of jurisprudence deduced from it. He passed away

in the year 370 A.H. [Extracted from the forward of Ahkām ul Qurān]2 He writes, “From this verse we can conclude that it is incumbent upon the

layman to make taqlīd of the scholars in present day masā’il (laws).” [ Ahkām ul

Qurān Abu Bakr Jassās Rāzī, v. 2 p. 215]3 Fard Kifāyah: collective obligation i.e. when the requisites are established in a

community then it will suffice for every resident of that area. [ Mu’jam Lughat

al Fuqahā – Muhammad Rawās and Hāmid Sādiq, p.343] When it is not

established in a community then the entire community will be held

accountable.


35/64

From this we can deduce that the group which

learns the laws of Islam will teach the other group

(which went out in an expedition). They will accept andact upon the first group’s advices. This in itself is taqlīd .

Imam Bukhārī ˛1 uses this to substantiate that a

“khabar wāhid” can be used as a proof (in Islām).2


“Ask those who have knowledge (of the previous scriptures)

if you do not possess any knowledge (of the subject).”[Sūrah Ambiyā (The Messengers) 21:7]

From the generality of the verse we can come to a

conclusion that every layman should turn to the learned

scholars and accept what they say. This is taqlīd !

1 Imām Bukhārī˛: He was born in the month of Shawwāl , 194 A.H. The

scholars are unanimous that the most reliable and authentic compilations of

Hadīth are Sahīh Bukhārī and Sahīh Muslim. There is also consensus of

opinion that Sahīh Bukhāri is more authentic in comparison to Sahīh Muslim

[Introduction to the commentary of Bukhārī of Nawawī p. 39). He passed

away on the night of ‘īd al-fitr , 256 A.H.]2 If one person remains behind from the group mentioned in the verse, then,

when the people come back from their expedition, they will follow and accept

what this individual says. This is how Imām Bukhāri˛ proves that a khabar

wāhid can be used as a proof in Islām.


36/64


37/64

“Follow me (by observing what I do) and those after you

will follow you (by observing what you do).” (Bukhārī v.1

p.99)

Two meanings can be deduced from this

narration. One is that this narration is specific with

salāh (prayer). Those who are praying salāh behind in

congregation should follow those in front of them. The

second interpretation of the narration is that those who

come later should follow those who were before them.

For example, the Tābi’īn (those who saw the Sahābah

) should follow the Sahābah (those who saw Nabī

Muhammad ) and Tabi’ Tābi’īn (those who saw the

Tābi’īn) should follow the Tābi’īn and so on and soforth, thus proving taqlīd !

3) It comes in a narration that Nabī Muhammad

mentioned:

“Hold steadfast to my practice and to the practice of the

rightly guided caliphs. Hold fast to it and cling on to it

with your molars.”[Abu Dā’ūd v.2 p.635, Tirmidhī v.2 p.96, Ibn Mājah p.5]


38/64


39/64

shakhsī is fard (compulsory) and taqlīd shakhsī is either

impermissible or “just” on the level of mere

permissibility.

The followed four imāms 1 are of the opinion that

the layman should adhere to one mujtahid imām (expert

jurist). We shouldn’t “pick and choose”, in the sense

that in one law we take one imām’s opinion and in

another law, we take another imām’s opinion. In this

there is a great fear of falling prey to our carnal desires.

For the reason of administrative purposes2 taqlīd shakhsī

was declared wājib (necessary).

1

The followed four imāms are as follows: 1) Imām Abū Hanīfah˛2) ImāmShāfi’ī˛ 3) Imām Mālik˛4) Imām Ahmad bin Hambal˛.2 In order to establish the reasons and benefits of the systemization of fiqh

(jurisprudence), the following premise has to be comprehended: There are two

groups. The first group is; following one’s desires and passions while

understanding the differentiation between halāl (permissible) and harām

(impermissible), yet faltering in adhering to the dictates of halāl and harām.

Following one’s desires and passions in itself is a grave sin and a grave form of

misguidance, however there still remains the prospect that such people may

repent (due to their ability to differentiate between halāl and harām, right and

wrong). Now, the second group is; following one’s desires and passions to the

extent that they believe what is halāl (permissible) to be harām (impermissible),

and what is harām (impermissible) to be halāl (permissible), this is much more

disastrous in comparison to the first group. Disobedience of this nature is fatal

and makes religion and law a mere sham. The people are submerged in a sin

which is far more serious than that from the first group (due to the doors of


40/64

To understand this, an example is: the Noble

Qurān was revealed in seven different dialects, and every

dialect is sufficient (in regards to the demands or usageof the Noble Qurān). However, Hadrat ‘Uthmān

compiled some Mushafs (Qurāns in book form) and

authorized for the un-compiled verses written in

different dialects which were in circulation to be burnt

(which was unanimously agreed upon by the Sahābah and made taqlīd of). The reason ‘Uthmān did this,

was to save the ummah (the Muslim masses at large)

from disunity.1

repentance being closed). The doors to such evil obviously must to be avoidedat all costs as does the path which facilitates it (not adhering to one particular

imām). The jurists were concerned at the decay of piety and devoutness

amongst the Muslim populous. They (correctly deduced and) feared that the

subsequent generations’ ethics would not be as elevated as the (prophesized)

first three generations. If under these circumstances the door of following an

imām in general was unconditional, inadvertently desires would become the

commanding principle. [Legal status of following a madhab-Muftī Taqi

‘Uthmānī, p. 50]1 ‘Uthmān perceived that failure to standardize the Noble Qurān would

bring about a state of chaos and commotion in successive generations.

‘Uthmān (along with the consensus of the Sahābah ) annulled writing the

Noble Qurān in different scripts (dialects), keeping the benefit of the Muslim

community in mind. The order of the sūrahs (chapters) was also standardized.

He issued this decree throughout the Muslim world and had all the other

copies of the Noble Qurān discarded. ‘Uthmān united the Muslim


41/64

By the afore-mentioned proofs, no doubt is left in

the permissibility of taqlīd shakhsī . The following are

even more proofs to establish taqlīd shakhsī .

Imām Bukhārī˛ narrates that the people of

Madīnah asked Ibn ‘Abbās about a woman who –

during hajj - makes her first tawāf (circumambulation of

the Ka’bah) and then enters her menstrual cycle beforeshe can make her final tawāf. Ibn ‘Abbās told them

that she could go home without completing her final

tawāf . The people of Madīnah replied, “We will not

abide by your opinion over the opinion of Zayd bin

Thābit

” (meaning we will practice upon the opinionof the jurist of our city).1 Ibn ‘Abbās replied, “Go

and refer back to your local scholars regarding the ruling

community on a standard script. This incident is an example of following one

particular scholar and imam. The action of ‘Uthmān proves that if the

Muslim community decides to adopt a certain way – out of several- to achieve

an ideal (like reciting or writing the Noble Qurān in a standard script), they

may eliminate the other possible practice (like reciting in different dialects) if

there is a greater benefit for the Muslim community and consequently

avoidance of harm. This same principle applies in the case of restricting taqlīd ,

to following one particular scholar rather than following many. [Legal status of

following a madhab- Muftī Taqī ‘Uthmānī, p.60-62]1 If this is not making taqlīd of an individual, then it begs the question, what

is?


42/64


43/64

This means that only ask Ibn Mas’ūd

regarding Islāmic law. Is this not taqlīd shakhsi ?

Like this, there are many proofs of taqlīd shakhsī .The conclusion is that there is no doubt left in the

permissibility of taqlīd shakhsī . It has become like the

famous Arabic saying,

“(The permissibility) is more apparent than the sun.”

In the time of the Sahābah , both shakhsī and

ghayr shakhsī were prevalent. The latter scholars of the

4th century hijrī declared it wājib (incumbent). This

decision was made due to greater administrative

purposes. They took into consideration that if taqlīdshakhsī is not made incumbent, then our nafs (carnal

desires) will always be looking for “the easy way out.”

There are opinions of scholars which defer from the

majority, if taqlīd shakhsī is not declared wājib then the

people will incorrectly accept and practice upon their(the scholars) minority opinions and excite their nafs

(carnal desires) by following those opinions.

Some scholars have said:


44/64

“The one who holds fast to an opinion which differs from

the majority has left the fold of Islām.”[ Muqadamah Tirmidhī-Mufti Taqī ‘Uthmānī]

Shaykh ul Islām Sulaymān Taymī1 ˛ has said:

“If you take the concessions or mistakes of every scholar,

then evil in its entirety will find place in you.”[Tadhkirah v.1 p.142, Maqālāte Abū al-Maāthir p.406, Jāmiu’

Bayānal-‘Ilmi wa Fadlihī v.2 p.92]

Shāh Waliullāh2 ˛ says regarding this subject:

1 Sulaymān bin Tarkhan Taymī˛ was a tabi’ī (one who saw the Sahābah

). He was from Basrah. Ibn Sa’d˛ mentions regarding him, “he was from

amongst the mujtahidīn.” Yahyā ˛ mentions, “I have not been in the

company of anyone who contains more fear of Allah than him.” He passed

away in Dhul Qa’dah of 143 A.H. [ Atahzīb - Hāfiz Shihāb ud Dīn, vol.3

p.486]2 Shāh Waliullāh˛ was born in the year 1703. He was the greatest advocate

and pioneer of the Islāmic revival movement in India. He spent his whole life

in the service of Islām. His services rendered to Islām are fully recognized. All

his efforts were directed to bringing the Muslims closer and effecting unity

amongst them. He passed away in the year 1762. [Great personalities of Islām-

Badr Azim Ābādī p.123]


45/64

“This is wājib (incumbent) in this time and era.

[al-Insāf p.59]

He then says: Wājib is of two types.

1) (wājib li’aynihī )

2) (wājib lighayrihī)

Wājib li’aynihī is that law which was madeincumbent during the time of Nabī Muhammad .

There can be no addition to such laws. Wājib lighayrihī

is a law that in itself is not incumbent, however because

of an outside factor; this is the only way to suitably

fulfill this law. This can be understood through an

example. To acquire the knowledge of Islam is wājib

(incumbent). If it was not possible to fulfill this wājib

except by establishing Islāmic schools, then this

establishment would be wājib as well.

Hadrat Shaykh ul Hadīth Maulānā Muhammad

Zakariyyā 1 ˛ mentions: Taqlīd shakhsī is not an order

1 Shaykh ul Hadīth Maulānā Muhammad Zakariyyā was born in the year 1315

A.H. He was the author of 83 books including a commentary of Shamāil

Tirmidhī . He possessed an unparallel devotion to Allāh and would remain


46/64


47/64

shakhsī incumbent and necessary. (Refer to Taqlīd wa

Ijtihād the author of which is Maulānā Masīhullāh

Khān˛)Hadrat Thānwī1 ˛ mentions: five matters are

unanimously understood to be necessary. If taqlīd

shakhsī is abandoned then a discrepancy will be created

in these five matters. That which aides in fulfilling a

wājib (incumbent) law is also wājib (incumbent). (1) Tomaintain a sincere intention in our actions and in

acquiring knowledge. (2) To keep Islām predominant

over our carnal desires (i.e. to keep our carnal desires

subordinate to Islām and not vice versa.) (3) To keep

ourselves safe from such actions in which we have astrong fear that it will harm our dīn (religion). (4) Not

to differ from the ijmā’ (consensus) of those people who

are on the straight path. (5) Not to leave the fold of

Islām. To a considerable extent taqlīd shakhsī will put a

stop to this. [al-Iqtsād p.39]

1 Hadrat Maulānā Ashraf ‘Alī Thānwī was born in the year 1280 A.H. This

great scholar was responsible for a great scholarly and religious awakening in

India. He was a person who dedicated his life towards serving Islām. He is

probably the scholar in this century with the most written books. He wrote

about 1000 books. These include both small booklets and voluminous books.

He passed away in the year 1362 A.H. [ibid p.128]


48/64

Shāh Waliullah Muhaddith Dehlawī˛ writes:

“The benefits which are in taqlīd are manifest. Even more

so, in this era, when the people’s will power has become so

weak and people have become slaves to their desires. Every

person is self conceited with his own opinion.”

[Hujjat Allāh wa al-Bālighah v.1 p.123]

He also writes:

“Note well, there are great benefits in following the fourschools of thought and in abandoning them there is a great

evil.” [‘Aqd al-Jīd p.36]

The Testimony of Maulānā Husayn

Batalwi˛

A famous “ Ahle Hadīth ” scholar – Maulānā

Husayn Batālwī ˛- writes his personal experience:

“After twenty-five years of experience, I have come to a

conclusion. Those whom, with rudimentary knowledge,


49/64

make themselves a mujtahid mutlaq 1 and leave mutlaq

taqlīd , at the end they leave the fold of Islām. Many

instances are found which takes a person out of the foldof Islām in this world (i.e. Kufr , doubt in religion, sin,

etc.). A very disastrous means amongst them is when a

person without sufficient knowledge leaves taqlīd . The

group of “ Ahl e Hadīth”, who without any or with

rudimentary knowledge, call unto leaving taqlīd shouldfear this outcome. The masses of this group are

becoming free-minded and independent.” [Risālah

Ishā’ah Sunnah, no.2 v.11 printed in 1888, extracted

from Ghayr Muqallidīn-Maulāna Fārūq Mīrtī and Gahyr

Muqallidīn-Maulāna Qārī Hafīzur Rahmān]The great Muhaddith, Maulānā Habīb ur

Rahmān ‘Āzmī2 ˛ mentions these words of Maulānā

Husayn Batālwī ˛. “After twenty-five years of

experience I have come to this conclusion. Those who

1 Mujtahid Mutlaq : Those mujtahidīn who extract their own principles and

laws of jurisprudence. This is the highest status of a mujtahid . The followed

four Imāms have been given this title.2 Hadrat Maulānā Habīb ur Rahmān Āzmī˛ was born in the year 1314

A.H. Shaykh Āzmī’s˛ most distinguishing trait was his adoption of sunnah.

He was an epitome of sunnah in his era. He was the guiding light for the

scholars and the intellectuals of his era. He passed away in the year 1413 A.H.

[Muslim scholars of the 20th century - Shaykh Shoayb Ahmad, p.362]


50/64

without sufficient knowledge make themselves a

mujtahid mutlaq and leave mutlaq taqlīd , at the end

leave Islām all together. Some from amongst themconvert to Christianity while others have no specific

religion. The “best” outcome of this freedom is that they

fall into sin.” [ Maqālāt Abu al Ma āthir p.111, extracted

from Ishā’ah Sunnah v.11 p.35, refer to Ghayr

Muqallidīn p.36, Sabīl al Rashād p.12]

A question was posed to Maulānā

Rashīd Ahmad Gangohī˛

A question was posed to the head of all the scholars inIndia- Maulānā Rashīd Ahmad Gangohī˛:

Question:

What opinion do the scholars and the jurists of

Islām hold regarding taqlīd shakhsī ? Is it wājib

(incumbent) or is it as the ghayr muqallidīn (rejecters of

taqlīd) say, that it is polytheism and an innovation?


51/64

Answer:

Taqlīd mutlaq is fard (compulsory). Allāh

mentions in the Noble Qurān:

“Ask those who have knowledge (of the previous scriptures)

if you do not possess any knowledge (of the subject).”(Ambiyā 7)

In this verse Allāh has decreed taqlīd mutlaq as

fard (compulsory). There are two types of taqlīd . One of

them is taqlīd shakhsī , in which you seek assistance in

abiding by a law from a particular scholar. The other

type is taqlīd ghayr shakhsī , in which you are not

particular with referring to one scholar. Through the

generality of the verses text, both types of taqlīd are

included. Both types of taqlīd are substantiated from the

side of Sharī’ah (Islām). Whichever type of taqlīd one

abides by, he will be fulfilling an order of Allāh .

Whoever declares taqlīd shakhsī (which is ordered by Allāh ) as an innovation or polytheism is ignorant and

astray. This is because, he is saying, that an order of

Allāh is polytheism in the opposition of Allāh . He

doesn’t realize that Allāh has given a “restricted”

person a choice, whatever type he wishes, he can


52/64

practice upon. When there is generality of something

then the subcategories of it are not outside the bounds

of its originality, instead, it is a part of it. By way of anexample, in the generality of the existence of humans, its

subcategories cannot be separated from it.1 In the same

manner the two types of taqlīd (shakhsī and ghayr

shakhsī ) can never be separated from taqlīd . Wherever

you find anyone of these two types it will consideredbeing under taqlīd . Therefore in both types, a

“restricted” person has a choice. Whichever he wishes he

can practice upon, and by this he will be fulfilling an

order of Allāh . To call an order of Allāh an

innovation or polytheism is a sin in itself. Rather, bothtypes are equal in their permissibility. However, in this

time and era the general masses, even the learned ones,

are in fear of falling prey to their carnal desires and are

in self conceit with regards to their own opinions.

Taqlīd ghayr shakhsī is a wonderful means for them tofollow their base desires and to excite their self conceit.

1 The subcategories of a human, example are males and females. No one

can argue that any one of these subcategories is separate from the human

race. Both in their own way are part of the human race. In the same

manner, no one can claim that anyone of the subcategories of taqlīd (which

are shakhsī and ghayr shaksī ) is separate from taqlīd itself.


53/64

As a result, this makes them careless in regards to the

matters of dīn (Islām). It becomes a means for them to

let their tongue loose on the status of the mujtahidīn (expert jurists). It becomes an avenue for evil and

discord to spread amongst the Muslim Ummah (Islāmic

nation). In our time, this is all manifest. Due to these

reasons taqlīd ghayr shakhsī will not be correct. Through

the above mentioned verse taqlīd shakhsī has becomestipulated by Sharī’ah (Islām).

Unity plays a great part in Islām. Hence

protecting unity will be a monumental fard

(compulsory) law as well. Allāh mentions in the

Noble Qurān: …

“Hold fast to the rope of Allāh (Islām and particularily

the Qurān as understood by the sayings of Rasūlullāh

and the pious predecessors), all of you together, and do not

separate (because Allāh’s mercy lies in valid unity).”[Sūrah Āl ‘Imrān (the Family of ‘Imrān) 3:103]

... “And Allāh dislikes corruption”

[Sūrah Al Baqarah (the Cow) 2:205]


54/64

There are many other narrations regarding this topic.

Due to the necessity of the protection of

maintaining unity and in removing these great evils, onehas to leave taqlīd ghayr shakhsī and adopt a side which

is stronger and more helpful in the protection of this

great fard (compulsory) law, which is the actual order of

Nabī Muhammad and the Sahābah . For example,

the Noble Qurān was revealed in seven differentdialects, and one has the option to choose anyone of the

seven dialects. Despite this, Hadrat ‘Uthmān

abandoned this with the ijmā’ (consensus) of the

Sahābah and adopted a specific dialect for universal

usage. The only reason for doing this was to repel evilsand to save the Muslim ummah from disunity. Sahih

Bukhārī testifies to this. Another example is that of Zhul

Khuwaysarah1, upon whom, death was incumbent due

1 A narration appears in Sahīh Bukhārī , that while Nabī Muhammad was

distributing booty, Zhul Khuwaysarah told Nabī ,” Be fair in your

distribution”. Nabī Muhammad replied, “Woe unto you, who will be fair if

I am not fair?” ‘Umar sought permission from Nabī Muhammad to kill

him (because of his insolence towards Nabī ). No narration could be found

which has the same words as presented by Maulānā Rashīd Ahmad Gangohī

˛ (this in no way implies that there is no narration of such sort, no such

narration could be found by the translator). Under the commentary of the

narration, Imām Ibn Hajar ‘Asqalānī˛ brings other narrations, some of


55/64

to his words of disbelief and insolence towards Nabī

Muhammad. Yet, Nabī still said:

“Leave him, as people will begin to say that Muhammad

kills his companions.”

This was only for the reason of removing evil and

nothing else.

The conclusion is that, in such a time where evilis predominant in the society, taqlīd shakhsī will be

declared wājib (incumbent) and taqlīd ghayr shakhsī will

be prohibited due to these evils which will surface from

it. Never the less, if it is such that these evils are not

which are close to Maulānā’s˛ presented words, however there is no name

stipulated in the narration that it is regarding Zhul Khuwaysarah. Nevertheless,

Imām Ibn Hajar ‘Asqalānī˛ mentions that death was incumbent upon Zhul

Khuwaysarah, and mentions, “It is possible that he was not killed for reasons of

unity, this is how Imām Bukhārī˛ has also understood it…If Nabī had

given permission for him to be killed then it could have been a barrier for

others to accept Islam.” (Fath al Bārī - Imām Ibn Hajar ‘Asqalānī, v.12 p.369)

Similar words have also been used by Nabī Muhammad for ‘Abdullāh bin

Ubayy (the leader of the hypocrites). When he tried to cause disunity amongst

the Sahābah . (details of the incident can be found in Sahīh al Bukhārī no.

4905) Muftī Shafī’˛ writes: “Another point illustrated by this incident is

that an act which is permissible in itself should be avoided if it may create a

misunderstanding in the mind of a Muslim (or for administrative purposes)”

[ Ma’ārif al Qurān- Muftī Shafī’, vol.8 p.472]


56/64

found in taqlīd ghayr shakhsī then one would have a

choice to adopt that as well, just like he has a choice to

adopt taqlīd shakhsī . It has now become manifest thattaqlīd shakhsī must be declared wājib (incumbent) and

to call it an innovation or polytheism is clear ignorance.

And Allāh knows best. Kutube Ahqar Rashīd Ahmad

Gangohī, 6 Zhul Hijjah 1311 A.H. [Fatāwā Rashīdiyyah,

v.1 p.206]

Will practicing upon the opinions of

other Hanafī Imāms still classify as

Taqlīd?

Question:

If someone argues that in the Hanafī school of

thought, at times we practice upon the opinion of

Sāhibayn1 ˛, at times of Imām Zufar2 ˛, and at

1 Sāhibayn- Are two of Imām Abū Hanīfah’s˛ great students, Imām Abū

Yūsuf˛ and Imām Muhammad˛. Both hold a very high rank in the

creed of Imām Abū Hanīfah˛.2 Imām Zufar was born in the year 110 A.H. He was particularly skilled in

analogical reasoning. Imām Abū Hanīfah˛ used to call him the greatest

amongst his companions in this respect. He also held the post of being an

Islamic judge. He passed away in the year 158 A.H. [Imām Abū Hanīfah, life

and works - Maulānā Shibli Nu’mānī p. 210]


57/64

times of the latter scholars. Therefore this will not

remain complete taqlīd shakhsī which was wājib

lighayrihi ?

Answer:

The opinions of the scholars of the Hanafī school

of thought are in reality the opinions of Imām Abū

Hanīfah1

˛. Thus, to practice upon their opinionswould not be outside the bounds of taqlīd shakhsī .

1 Nu’mān bin Thābit- Abū Hanīfah was his patronymic appellation, while his

surname was Imām al A’dham (the greatest Imām) by common consent. He

was born in the year 80 A.H. He formed a creed of jurisprudence famously

known as the Hanafī school of thought. He was tābi’ī (one who saw the

Sahābah ). ‘Allāmah Hajar Makkī˛ says he saw eight to ten Sahābah .

Imām Abū Hanīfah was very sober, polite, patient, and forbearing by nature.

As per some narratives he devoted seven years in acquiring the knowledge of

kalām and 18 years in acquiring fiqh (jurisprudence). [Great personalities of

Islam- Badr Azimabādi p. 3] Here are a few facts that the historians have

mentioned regarding Imām Abū Hanīfah˛. For forty years he performed

his morning prayers ( fajr) with the wudū’ (ablution) that he had performed his

‘Ishā prayer with. He completed 7000 recitations of the Noble Qurān in the

place where he passed away. He passed away in the year 150 A.H. [Imām Abū

Hanīfah, life and works - Maulānā Shibli Nu’mānī p. 43]


58/64

‘Allāmah Shāmī1 ˛ mentions in al Hāwī al Quds :

When a person practices upon an opinion of one of their

(the scholars of the Hanafī school of thought) opinions then

in reality he is practicing upon an opinion of Imām Abū

Hanīfah˛. It has been narrated by some of the major

Hanafī scholars, the likes of which are Imām Abū Yūsuf 2

1 ‘Allāmah Shāmī was born in 1198 A.H. He wrote an unmatched book in

jurisprudence called Radd al Muhtār . He is famous for this work. He passed

away in 1252 A.H. 2 Qadī Abū Yūsuf was born in Kūfah in 113 or 117 A.H. He was one of Imām

Abū Hanīfah’s ˛ main and beloved disciples. He was appointed judge in

166 A.H. Caliph Harūn al Rashīd appointed him “judge of all the judges” for

the entire Islamic realm, a post which he was the first to hold in Islāmic history

and which after him was held by only one more man. He passed away in the

year 182 A.H. [Imām Abū Hanīfah, life and works - Maulānā Shibli Nu’mānī

p. 210]


59/64

˛, Imām Muhammad 1 ˛, Imām Zufar˛, and

Imām Hasan 2 ˛ that: “We do not report anything

regarding a law except that it was narrated to us fromImām Abū Hanīfah˛.” They took a glaring oath upon

this. Therefore no answer nor any madhhab (school of

thought) will be established (from the opinions of these

scholars) except that it is Imām Abū Hanīfah’s˛,

however it may be. It will not be attributed to anyone elsebesides Imām Abū Hanīfah˛ metaphorically, for the

purpose of unity.

Regarding this Imām Sha’rānī3 ˛ mentions in

Mīzān al Kubrā the statement of Ibn ul Humām4 ˛.

At the end of which he clearly states: the one who holds

1 Muhammad bin al-Hasan al-Shaybānī was born in 135 A.H. He was one the

twin pillars of the Hanafī school of thought, the other being Imām Abū Yūsuf

˛. [Imām Abū Hanīfah life and works, Maulānā Shibli Nu’mānī p. 214]2 Hasan bin Ziyād was one of the major scholars of the Hanafī school of

thought. Yahya bin Ādam˛ is reported to have said, “I have not seen a

person with more understanding of Islām than Hasan bin Ziyād. [ Al Fawāid al

Bahiyyah p.60]3 ‘Abdur Rahīm Sha’rānī was born in 1047 A.H. He was from the Shāfi’ī

school of thought. He lived in Constantinople. He was one of the teachers of

Madrasah Ahmadiyah. [ Mu’jam al Muallifīn vol.5 p.209]4 Muhammad bin ‘Abdul Wāhid bin ‘Abdul Hamīd Kamāl ud Dīn. He is

famously known as Ibnul Humām, the author of the accepted work in the field

of jurisprudence Fath al Qadīr .


60/64

fast to an opinion of the companions of Imām Abū

Hanīfah˛ has in reality held fast to the opinion of

Imām Abū Hanīfah˛ himself.

When the latter scholars gave rulings to such

problems arising in their respective eras, for which laws

needed to be stipulated, they gave their rulings keeping

the principles that Imām Abū Hanīfah˛ laid out in

mind. Therefore this stipulation of a law due to

contemporary need will be included in the creed of

Imām Abū Hanīfah˛ as well. It will be taqlīd shakhsī .

There will be no fear of following our base desires by

practicing upon their opinions. [Shāmī v.1 p.46]

A Rational Example of TaqlīdTaqlīd shakhsī can be understood through the following

example:

It is necessary to turn to a doctor for a cure of a sickness

and to a lawyer when wishing to practice upon the law

of the “land”.

There are two scenarios for this:

(1) At different times one chooses different doctors

and different lawyers.


61/64


62/64

An Objection and its Clarification

The Objection: Some ghayr muqallidīn (rejecters of taqlīd ) say

that by holding onto the opinions of the Imāms of a

school of thought, one leaves practicing upon the

narrations of Nabī Muhammad , which is completely

impermissible.

The Clarification:

Apparently it may seem that we are following the

jurists, but in reality we are following Nabī Muhammad. We understand the meaning of the intent of Nabī

Muhammad through the eyes of the jurists. This is

just like how a person understands the law of the “land”

through a lawyer, then acts in accordance to his advice.

Will anyone say that this person is following the lawyer

and not the law of the “land”? No, he is obeying the law

of the “land”. Just like this, understand taqlīd shakhsī.

One doubt remains that those who make taqlīd , hold on

to the opinions of their respective school of thought,


63/64

and by this they leave the narrations of Nabī

Muhammad .

The clarification of this is that if one narration is

not practiced upon, then definitely another narration or

verse of the Noble Qurān is practiced upon. The ghayr

muqallidīn (rejecters of taqlīd ) do not practice upon all

the narrations of Nabī Muhammad as well. They also

at times declare a narration as mansūkh1 (abrogated) or

da’īf (weak) and do not practice upon that particular

narration. So, why do they disagree when the jurists do

the same? Just how they have a right to declare a

narration as da’īf (weak), even more so, do the jurists.

Just how they have principles to declare a narration as

authentic or weak, so do the jurists. They (the ghayr

muqallidīn) do not have any proof that their principles

are correct and the principles of the jurists are incorrect.

These laws are ijtihādī (such a law in which ijtihād is

necessary), there are differences of opinion in regard tothem. And Allāh knows best. (Refer to: al Irtiyāb p.32

and Muqaddamah I’lāus Sunnan fī ‘Ulūm al Hadīth p.33)

1 When a law is ruled abrogated due to another law, it is called mansūkh. A

narration can be made mansūkh (abrogated) by another narration and a verse

of the Noble Qurān can be made mansūkh (abrogated) by another verse.


64/64

Other Books on the Topic of Taqlīd . -

˛īaddith Dehlaw hh Muā iullh Walā Shratda H

. -

˛īd Gangohma hd A īRashā nā Maulratda H

. -

˛īThanw ī Al‘hrafs A ā nā MaulUmmahmulīak Hratda H

. -

˛’īammad Shaf hMuīMuftratda H

. -

˛nā ullah KhhīMasā nā Maulratda H

. -

˛ammadhr MuKhay ā nā Maulratda H. (v.2) -

˛īnw ā Kardma hb A īabHā nā Maulratda H

. -

īnā Uthm‘īTaqīMuftā nā Maulratda H

.

There are certain topics pertaining to taqlīd that are very

beneficial, they should also be studied.

the obligation of taqlîd

Documents